Citation Nr: 0826119
Decision Date: 08/04/08 Archive Date: 08/13/08
DOCKET NO. 06-04 980 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in St.
Petersburg, Florida
THE ISSUES
1. Entitlement to service connection for bilateral hearing
loss.
2. Entitlement to service connection for a gastrointestinal
disorder, claimed as peptic ulcer disease.
3. Entitlement to service connection for asbestosis.
REPRESENTATION
Appellant represented by: The American Legion
WITNESS AT HEARING ON APPEAL
Appellant and spouse
ATTORNEY FOR THE BOARD
Clifford R. Olson, Counsel
INTRODUCTION
The veteran served on active duty from April 1943 to October
1945.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a September 2004 rating decision by
the Department of Veterans Affairs (VA) Regional Office (RO)
in St. Petersburg, Florida.
In April 2007, the veteran and his wife appeared before a
Veterans Law Judge, sitting at the RO, and presented sworn
testimony.
In April 2007, the Board granted the appellant's motion to
advance the case on the Board's docket under the provisions
of 38 U.S.C.A. § 7107 (West 2002) and 38 C.F.R. § 20.900(c)
(2007).
In June 2007, the Board granted service connection for a
panic disorder and generalized anxiety disorder, with
elements of post-traumatic stress disorder. The remaining
issues were remanded for further development.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
The Veterans Law Judge who held the April 2007 hearing has
since left the Board. The veteran was notified of his right
to have a hearing before a currently sitting judge. The
veteran chose to have another hearing before a Veterans Law
Judge sitting at the RO.
Accordingly, the case is REMANDED for the following action:
The RO should schedule a travel board
hearing for the veteran.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2008).
_________________________________________________
J. A. MARKEY
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2007).